Guerra v. State

Plaintiff and her friend were involved in an automobile accident which killed Plaintiff’s friend and hospitalized Plaintiff. Arizona Department of Public Safety (DPS) officers erroneously identified the surviving patient and informed Plaintiff’s family that Plaintiff had died. Six days after the notification, Plaintiff was positively identified as the hospital patient. Plaintiff and her family (Plaintiffs) sued the State, alleging, as relevant to this appeal, negligence. The superior court granted partial summary judgment to the State, concluding that the officers did not owe a duty to Plaintiffs. The court of appeals reversed and reinstated Plaintiffs’ negligence claim. The Supreme Court vacated the court of appeals’ opinion and affirmed the superior court’s entry of summary judgment for the State, holding that, as a matter of policy, the DPS officers did not assume a legal duty to Plaintiffs by undertaking to provide the next-of-kin notification. View "Guerra v. State" on Justia Law